Institute for Economic Justice and Another v Minister of Social Development and Others (071891/2023) [2025] ZAGPPHC 369 (25 April 2025)

30 Reportability
Civil Procedure

Brief Summary

Variation Order — Rule 42(1)(b) — Application for variation of judgment — Respondents served Notice of Appeal requiring clarification of previous order — Court's power to amend order to correct ambiguity or error — Order amended to grant leave to appeal and specify costs.

REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA


Case Number: 071891/2023
(1) REPORTABLE: NO
(2) OF INTEREST TO OTHER JUDGES: NO
(3) REVISED: YES
DATE 25 April 2025
SIGNATURE
In the matter between:

INSTITUTE FOR ECONOMIC JUSTICE First Applicant

#PAYTHEGRANTS Second Applicant

and

MINISTER OF SOCIAL DEVELOPMENT First Respondent

SOUTH AFRICAN SOCIAL SECURITY AGENCY Second Respondent

MINISTER OF FINANCE Third Respondent


JUDGMENT
TWALA, J

[1] This is a variation order envisaged in terms of Rule 42(1) (b) o f the Uniform
Rules of Court relating to the judgment I handed down electronically, by
circulation to the parties' legal representatives on 18 March 2025 .

[2] The Rule provides that the court may, in addition to any other powers it may
have, mero motu rescind or vary an order in which there is an ambiguity, or a
patent error or omission, but only to the extent of such ambiguity, error or
omission .1

[3] On 11 April 2025, the respondents brought to my attention that they have
served their Notice of Appeal to the Supreme Court of Appeal. H owever, the
Registra r required that the order I previously issued be amended or clarified to
facilitate proper processing of the appeal.

[4] In correcting the order of the 18 March 2025 in terms of Rule 42 of the Uniform
Rules of Court , I amend the order to read as follows:

3.1. The respondents are granted leave to appeal to the Supreme Court of
Appeal.

3.2. Costs to be costs in appeal.

TWALA M L
Judge of the High Court of South Africa
Gauteng Division , Pretoria



For the Applica nts: Advocate J. Brickhill
Advocate MBE Mbikiwa
Advocate M Kritzinger

Instructed by: SERI Law Clinic
Tel: 011 356 5860
nkosinathi@seri -sa.org


1 Rule 42(1)(b) of the Uniform Rules of Court.
For the First and Second Respondent s: Advocate T Ntoane

Instructed by: State Attorney – Pretoria
Tel: 012 309 1575
Tletageng@justice.gov.za


For the Third Respondent: Advocate G Marcus SC
Advocate A Friedman


Instructed by: State Attorney – Pretoria
Tel: 012 309 1575
pheMokoena@justice.gov.za

Date of Hearing: DECIDED ON THE PAPERS


Date of Judgment: 18 March 2025

Date of amendment: 25 April 2025


Delivered: This judgment and order was prepared and authored by the Judge
whose name is reflected and is handed down electronically by
circulation to the Parties/their legal representatives by email and by
uploading it to the electronic file of this matter on Case Lines. The date
of the order is deemed to be the 25 April 2025 .